H.E. Jürg Lauber Ambassador, Permanent Representative of Switzerland to the United Nations Chair of the OEWG on ICT New York, 2 April 2020 Liechtenstein Submission to the pre-draft of the OEWG report Excellency, Liechtenstein is grateful for your efforts in steering the OEWG on ICT through its deliberations in an expert manner and on the basis of fairness, inclusiveness and transparency. We welcome the circulation of your pre-draft report for consultation with member States at an early stage and your call for substantive feedback. In this regard Liechtenstein submits the following comments for your consideration: - Liechtenstein supports your efforts at a comprehensive reflection of the rich discussions in the OEWG as we believe this provides a useful basis to move our discussion forward in the future. At the same time, Liechtenstein underlines that its national position significantly diverges from or is incompatible with certain positions expressed in the predraft report (notably paragraphs 27, 28), as is to be expected in this kind of exercise. - With the aim of comprehensiveness in mind, Liechtenstein proposes inclusion of the following elements in section c “international law” that have been part of the discussion, but are not currently reflected in the text: o 25 bis: During the discussions the importance to increase compliance with international law in cyberspace was raised. While there is consensus on the applicability of international law, for it to have its full deterrent effect accountability for violations under international law must be addressed as well. In this respect the importance of attribution was underlined both with regard to State responsibility and individual criminal responsibility, and with respect to the latter the relevance of the application of the Rome Statute in the cyber context was raised. The possibility of a robust global attribution framework to complement the work of existing national and international courts was also raised. 633 Third Avenue | 27th Floor| New York| NY 10017 | T +1 (212) 599 0220 | F +1 (212) 599 0064 | mission@nyc.llv.li | www.newyork.liechtenstein.li

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